BADOY GUILTY OF INDIRECT CONTEMPT OVER RED-TAGGING

MANILA — The Supreme Court (SC) has found former National Task Force to End Local Communist Armed Conflict spokesperson Lorraine Marie BadoyPartosa guilty of indirect contempt of court after red-tagging a judge and threatening to bomb the offices of magistrates.

In the en banc decision promulgated on August 15, 2023, Badoy was ordered to pay a fine of P30,000 with a warning that a repetition of the same act would merit a more severe sanction.

Among the statements made by Badoy quoted in the decision was a threat to “bomb the offices of judges whom she deemed as friends of terrorists.”

The posts of Badoy came after the issuance of Manila Regional Trial Court Branch 19 Judge Marlo MagdozaMalagar of a resolution dated September 21, 2022, dismissing the petition of the Department of Justice to proscribe the Communist Party of the Philippines-New People’s Army as a terrorist group.

The court noted that Badoy uploaded a public post entitled, “A Judgment Straight from the Bowels of Communist Hell,” in reference to the resolution of Judge Magdoza-Malagar.

“She was not merely advancing her advocacy when she made those incendiary statements on social media, she effectively made a call to action against Judge Magdoza-Malagar and the entire judiciary,” the SC said in the decision penned by Senior Associate Justice Marvic Leonen.

Free speech?

Badoy, for her part, told the court that she was merely exercising her freedom of expression.

The SC, however, stressed that freedom of speech should not be confused with abuse of such liberty as her statements were beyond objective criticism.

Badoy also told the court that she did not intend to threaten Judge MagdozaMalagar with physical harm, but merely employed “hypothetical syllogism.”

But the court said Badoy’s posts led multiple people to publish comments swearing to assist her cause, but she stroked the fire further.

“An incitement to commit lawless violent action and is likely to cause such violent action causing death or injury is not covered by the constitutional privilege of protected speech,” the high court said.

The court also said Badoy’s posts must not be treated lightly as it noted that she has more than 166,000 Facebook followers.

“Her statements, though unsubstantiated, have the power to spark a deluge of assaults against the judiciary and its members,” the SC said. (ABS-CBN News)